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SABEN APPLIANCES v. WALLER

Court of Appeals of Georgia.
Jan 22, 1990

DEEN, Presiding Judge.

The plaintiff appellee commenced this action in a magistrate's court, suffered an adverse judgment there, and appealed to the state court, where he won a judgment of $331.32. This appeal is subject to the discretionary appeal procedures under both OCGA § 5-6-35 (a) (6) and § 5-6-35 (a) (11). The direct appeal filed by the appellant therefore must be dismissed. Covrig v. Campbell, 187 Ga. App. 39 ( 369 S.E.2d 293) (1988). The appellee's motion for damages for frivolous appeal, pursuant to OCGA § 5-6-6, is denied.

Appeal dismissed. Pope and Beasley, JJ., concur.

DECIDED JANUARY 22, 1990.